Victim pleased that attacker will be re-sentenced

Original sentence included no prison time for man convicted of serial assaults on young neighbor

Austin Clem, 25, was found guilty in September of raping a young neighbor at least three times. He was sentenced to two years in a community corrections program that lets defendants live at home and continue working and suspended any prison time.

The Associated Press

The Associated Press

Published: Thursday, November 28, 2013 at 3:30 a.m.

Last Modified: Wednesday, November 27, 2013 at 7:22 p.m.

BIRMINGHAM | A woman who spoke out after a man who was convicted of sexually assaulting her avoided prison time said Wednesday she was pleased but still wary over a new sentencing hearing being ordered.

"I really still don't know how to feel about it," Courtney Andrews said in an interview with The Associated Press after a Limestone County judge ruled on the new hearing for Austin Clem, 25, of Athens.

Jurors convicted Clem of three rape charges in a series of assaults on Andrews going back years. Circuit Judge James Woodroof sentenced Clem to spend two years in a community corrections program that lets defendants live at home and continue working and suspended any prison time.

While the AP typically doesn't identify victims of sexual assault, the 20-year-old Andrews said she is speaking publicly about her case to raise awareness about what she saw as a lenient penalty. The jury foreman also said the panel expected Clem to serve prison time.

"I'm pleased there is going to be a new sentencing, but it's hard for me to put much faith into it because I was so sure he was going to get prison time last time," said Andrews, who is originally from north Alabama but now attends college in Mobile.

The idea of being in court with Clem, an old family friend, is disgusting, Andrews said.

"Just being in the same building with him makes me sick," she said.

An attorney for Clem did not respond to an email seeking comment.

A jury in September convicted Clem on one count of first-degree rape and two counts of second-degree rape in a series of assaults that began when Andrews was 13. Clem, the father of three young girls, was ordered to register as a sex offender, pay $1,631 in restitution and spend three years on probation.

Woodroof did not explain his sentencing decision in court papers and declined comment through an aide, but prosecutors filed a challenge with the Alabama Court of Criminal Appeals contending state law doesn't allow for such a light sentence for someone convicted of first-degree rape.

Woodroof issued a brief order Tuesday saying there would be another sentencing hearing, but he did not give the reason or set a date.

Andrews said she hopes Clem must spend at least eight years in prison, saying that's the amount of time that has transpired since she was first assaulted. But even longer would be fine, she said.

"I'd love to see him get 40 years because that's what he had and it was all suspended," she said.

<p>BIRMINGHAM | A woman who spoke out after a man who was convicted of sexually assaulting her avoided prison time said Wednesday she was pleased but still wary over a new sentencing hearing being ordered.</p><p>"I really still don't know how to feel about it," Courtney Andrews said in an interview with The Associated Press after a Limestone County judge ruled on the new hearing for Austin Clem, 25, of Athens.</p><p>Jurors convicted Clem of three rape charges in a series of assaults on Andrews going back years. Circuit Judge James Woodroof sentenced Clem to spend two years in a community corrections program that lets defendants live at home and continue working and suspended any prison time.</p><p>While the AP typically doesn't identify victims of sexual assault, the 20-year-old Andrews said she is speaking publicly about her case to raise awareness about what she saw as a lenient penalty. The jury foreman also said the panel expected Clem to serve prison time.</p><p>"I'm pleased there is going to be a new sentencing, but it's hard for me to put much faith into it because I was so sure he was going to get prison time last time," said Andrews, who is originally from north Alabama but now attends college in Mobile.</p><p>The idea of being in court with Clem, an old family friend, is disgusting, Andrews said.</p><p>"Just being in the same building with him makes me sick," she said.</p><p>An attorney for Clem did not respond to an email seeking comment.</p><p>A jury in September convicted Clem on one count of first-degree rape and two counts of second-degree rape in a series of assaults that began when Andrews was 13. Clem, the father of three young girls, was ordered to register as a sex offender, pay $1,631 in restitution and spend three years on probation.</p><p>Woodroof did not explain his sentencing decision in court papers and declined comment through an aide, but prosecutors filed a challenge with the Alabama Court of Criminal Appeals contending state law doesn't allow for such a light sentence for someone convicted of first-degree rape.</p><p>Woodroof issued a brief order Tuesday saying there would be another sentencing hearing, but he did not give the reason or set a date.</p><p>Andrews said she hopes Clem must spend at least eight years in prison, saying that's the amount of time that has transpired since she was first assaulted. But even longer would be fine, she said.</p><p>"I'd love to see him get 40 years because that's what he had and it was all suspended," she said.</p>